Document downloads - Dilapidations
Available downloads
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Dilapidations: typical release form
Example agreement for the purposes of releasing the lessee from their dilapidations liabilities in return for financial compensation from the lessor.
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Asbestos
Published May 2021
Effective from 1 August 2021
Reissued October 2022
The widespread use of asbestos has implications for property professionals working in all sectors and can impact on all stages of a building’s life cycle.
This professional standard contains a comprehensive overview of the legislation and industry guidance that govern the complex subject of asbestos. It provides guidance on the dangers asbestos poses to health and businesses, and sets out best practice advice to assist property professionals in complying with the regulations and implementing an effective management plan to ensure that they do not put themselves or others at risk.
The standard is not intended to advise members specially in the undertaking of asbestos surveys. Guidance on such surveys is set out in the HSE publication HSG264 Asbestos: The survey guide.
This document was reissued in October 2022 as a professional standard. It had previously been published in May 2021 as a guidance note. The regulatory requirements remain the same and no material changes have been made to the document. -
Building surveys and technical due diligence of commercial property (ARCHIVED)
This document has been archived and is available on isurv for information purposes only.
This guidance note was prepared to provide surveyors and clients with a source of information and guidance in respect of commercial and industrial property surveys. Such surveys may also include large residential apartment buildings.
This guidance was written to apply to England and Wales. -
Dilapidations
Published September 2016 (E&W) and March 2015 (Scotland)
Effective from December 2016 (E&W) and March 2015 (Scotland)
Reissued December 2023
This professional standard seeks to advise members on the factors they should take into consideration when producing Schedules of Dilapidations, Quantified Demands, Responses, Scott Schedules and Diminution Valuations for reference to or use by the client, the other party to the lease, third parties and tribunals.
Dilapidations in England and Wales was reissued in December 2023 as a professional standard. It had previously been published in September 2016 as a guidance note. No material changes have been made to the document.
Dilapidations in Scotland was reissued in December 2023 as a professional standard. It had previously been published in March 2015 as a guidance note. No material changes have been made to the document. -
Surveyors acting as expert witnesses
Published April 2014
Effective from 2 July 2014
Reissued February 2023
Surveyors acting as expert witnesses, 4th edition, applies to surveyors when providing expert evidence, whether oral or written, before a range of courts and tribunals in the UK,
The practice statement sets out the mandatory duties of a surveyor in providing evidence, while the guidance note provides further information on good practice, including: the need for clear instructions and terms of engagement; fees; guidance on what to do in situations of conflict of interest; an outline of the written report format; clarification of the differences between the roles of expert witness and advocate; and the immunity of the expert witness.
A stand-alone electronic version of this practice statement (without the guidance note) is also available for potential use with clients in connection with the particular requirement of PS 3.3.
This document was amended in February 2023 to remove wording from PS10 and GN19 which could be read as prohibiting expert witnesses from taking instructions from solicitors who are engaged on a conditional fee, even if the expert is instructed on an unconditional fee basis. This was not the intention of RICS and has therefore been amended for clarity. -
Scott schedule
A major feature of defects claims litigation is the Scott Schedule. This can be a particularly useful way of establishing the linkage between cause and effect in any given set of circumstances.
This is a typical Scott Schedule providing the landlord's item-by-item claim schedule and the tenant's item-by-item response.
A completed example is also given for reference (from Appendix D of the Dilapidations guidance note). -
Schedule of dilapidations
The schedule of dilapidations is an extremely important document which, if proven, inevitably has a significant impact on the party receiving the claim. This is usually a tenant but not in every case. It is a document that will be put in front of the court should legal proceedings follow and upon which a claim will be based.
Taken from the 6th edition of the RICS Dilapidations guidance note, this is a sample schedule of dilapidations.
The completed example is taken from the 5th edition of the RICS Dilapidations guidance note. -
Dilapidations valuations examples
Two examples of model assessments of diminution in value are provided. Both relate to an office building of 10,000 sq. ft.
In Example 1, it is assumed that the hypothetical purchaser would simply carry out the works of repair to reinstate the building to a state of compliance in order to render it suitable for marketing and reletting or sale.
In Example 2, by contrast, it is assumed that the hypothetical purchaser would need to carry out some works of improvement to market the building and that these improvements would render certain works of repair valueless. -
Dilapidations (Hong Kong) (ARCHIVED)
This document has been archived and is available on isurv for information purposes only.
This publication is an adaptation of the RICS guidance note: Dilapidations, 6th edition (England and Wales), providing guidance to RICS members operating in Hong Kong.
It is intended to: adapt UK best practices for RICS members in Hong Kong dealing with dilapidations in leased premises, particularly dilapidation claims, forfeiture and break clauses in the lease/tenancy, and dispute settlement; and introduce a Schedule of Dilapidation (SD) Scheme to deal with dilapidations in Hong Kong. -
Independent expert determination
Published December 2016
Effective from December 2016
Reissued December 2023
This document is designed primarily to assist those who are appointed either by the President of RICS or directly by the parties to a dispute to act as an independent expert to determine their dispute. It is also intended to assist the parties themselves and those acting for them by making them aware of the procedures likely to be followed.
This professional standard is based on the law and practice relating to expert determinations in England, Wales and Northern Ireland.
Independent expert determination is well suited to construction-related matters (e.g. workmanship and completion issues under development agreements or specific technical disputes) and in the area of dilapidations and service charge disputes.
This document was reissued in December 2023 as a professional standard. It had previously been published in December 2016 as a guidance note. No material changes have been made to the document. -
Make good guide
Published: October 2023
This document has been written for property professionals involved in make-good works in Australia (known as dilapidations in the UK). It deals primarily with commercial and industrial premises and provides advice to lessors and lessees regarding their legal obligations to repair, decorate or reinstate leased premises.
Make Good, when done badly, can be contentious, lengthy, costly affairs which can lead to disputes and even court action. Written by experienced RICS practitioners and Australian-based property lawyers, the document aims to establish and promote a transparent, professional process which begins at lease commencement and provides clear guidance to both landlords and tenants on the laws and processes; what to look for and how and when to act.
The document deals with every stage of involvement in the make-good process, including:
taking instructions and clarifying terms of engagement
determining the different types of schedule and when they might be served
understanding the different roles in which the property professional might be required to act
preparing the layout and content of a schedule of make good
quantifying the claim and preparing an assessment of costs, and
providing advice regarding the preferred timetable for serving of notices and ongoing dialogue, responses and meetings.
Sample checklists and schedule templates have been provided in the appendices, including a Recommended form of the Scott schedule (Appendix E) which can be downloaded as a Word document.